(1) Reasons for Proposal

Given that the need for protection for the socially vulnerable is growing with the spread of COVID-19, the provisions on the insured status and job-seeking benefits of employment insurance are also applied to workers, and the Employment Insurance Act has been revised (Act No.17859; promulgated on January 5, 2021; to be enforced on July 1, 2021) to pay maternity benefits, etc., if a worker is unable to provide labor due to childbirth, miscarriage or stillbirth, maternity benefits, etc., to increase the stability of life and early reemployment opportunities for workers who are at risk of unemployment, and therefore this amendment aims to determine the matters mandated by the Act, such as determining the scope of workers eligible for employment insurance, requirements for payment of job-seeking benefits, and maternity benefits for workers and matters necessary for its implementation.

In addition, this amendment aims to improve the application of employment insurance for employees and artists, and as the Act for Partial Amendment of 65 Acts under the Jurisdiction of the Environment and Labor Committee for the Improvement of Legal Terms (Act No. 17326) was promulgated on May 26, 2020, and enforced on August 28, 2020, it also aims to reorganize clauses in accordance with the redefined legal terminology.

(2) Major Provisions

A. Qualifying days in covered employment of employees and artists pursuant to the employment insurance application of workers (Article 60-2 newly inserted and Article 104-6 (7) and Article 104-8 (2) revised) 

As the Employment Insurance Act on the application of employment insurance for workers has been revised (Act No.17859; promulgated on January 5, 2021; to be enforced on July 1, 2021), change the way to acquire insured status when an artist signs an employment contract, a contract related to culture and art services, and a labor provision contract at the same time in more than one business and the method of calculating the qualifying days in covered employment when an employee or an artist acquires two or more insured statuses among an employee, artist, or worker.

B. Payment requirements for maternity benefits, etc., for artists (Article 104-9 (1), (2), and (4) revised, etc.) 

As the Employment Insurance Act has been revised regarding maternity benefits, etc., for artists (Act No.17859; promulgated on January 5, 2021; to be enforced on July 1, 2021), stipulate the matters on maternity benefits, etc., for artists mandated by the Act and the matters related to restrictions on the payment of or order to return the benefits if an artist has received maternity benefits by fraudulent or otherwise unlawful means.

C. Scope of workers eligible for employment insurance (Article 104-11 (1) and (2) newly inserted) 

1) Define the jobs of workers that are eligible for employment insurance as insurance solicitors, home study teachers, visiting teachers with teaching aids, delivery workers, loan solicitors, credit card membership solicitors, door-to-door sellers, rental product visiting inspection service workers, home appliance installers, after-school teachers, construction equipment operators, truck owners, motorcycle dispatch riders, and paid designated drivers.

2) Set the income criteria for workers not covered by employment insurance at a remuneration of 800,000 won per month.

D. Workers’ double acquisition of insured status (Article 104-12 (5) newly inserted) 

Stipulate matters concerning the double acquisition of the insured status of workers, such as acquiring insured status in all businesses, in the case where a worker has signed two or more contracts among an employment contract, contract related to culture and art service, and labor provision contract at the same time in two or more businesses forming an insurance relationship.

E. Payment requirements, etc., for the job-seeking benefits for the insured who are workers (Article 104-13 newly inserted) 

1) Define the requirements for paying job-seeking benefits to a worker who resigns because of reduced income as the cases where the remuneration accrued from a labor provision contract at the time of resignation for three months immediately before the month of the date of his/her severance has decreased by 30/100 or more from the remuneration accrued by the labor provision contract in effect in the same period of the previous year and where the months for which the remuneration is less than 30/100 or more of the average monthly remuneration accrued by the labor provision contract is 5 months or more for 12 months immediately before the month of the date of his/her severance.

2) Stipulate to decide whether the qualifying days in covered employment are satisfied according to the ratio of the contribution period as an employee, artist, or worker if a worker has been employed as a person who has two or more jobs among an employee, artist, or worker for 24 months prior to the date of his/her severance.

3) Set the upper limit of daily job-seeking benefits for workers to 66,000 won.

4) Set the waiting period as four weeks when the rate of decrease in income is 30/100 or more and less than 50/100 and as two weeks when it is more than 50/100 in the case where a worker receives job-seeking benefits after the head of the employment security center recognizes that he/she left his/her job due to a decrease in income.

5) Stipulate the calculation of the insured period of a short-term worker as one month if the number of labor-providing days for the month is 11 or more days and as a period divided by 22 by adding the number of labor-providing days per month if the number of labor-providing days for the month is less than 10 days.

F. Payment requirements, etc., for the maternity benefits for the insured who are workers (Article 104-14 newly inserted) 

Define the requirements for the payment of maternity benefits, etc., for an insured person who is a worker as follows: the total qualifying days in covered employment as a worker shall be three months or longer before the date of childbirth, miscarriage, or stillbirth, he/she shall not provide labor during the period of payment of maternity benefits, etc., and he/she shall apply for maternity benefits, etc., within 12 months from the date of childbirth, miscarriage, or stillbirth.

G. Terminology improvement, etc., according to legal terminology reorganization (Article 2 revised, etc.) 

Aim to reorganize legal terminology as the Act for Partial Amendment of 65 Acts under the Jurisdiction of the Environment and Labor Committee for the Improvement of Legal Terms (Act No. 17326) was promulgated on May 26, 2020 and enforced on August 28, 2020, and to reorganize clauses as the Employment Insurance Act (Act No.17859,) was promulgated on January 5, 2021 and is to be enforced on July 1, 2021.